KUMAL BAYANA AKAAHS, JCA (Delivering the Leading Judgment): On 7/5/2000, the respondents as plaintiffs took out a writ of summons in the High Court of Cross River State, Calabar Judicial Division in Suit No. C/23S/2000 claiming against the Defendants now Appellants jointly and severally a total sum of Five Million Naira (N5, 000, 000.00) as special and general damages arising from the incidence of 2nd April, 2000 caused by the 1st Defendant for which the 2nd Defendant is vicariously liable.
In the Amended Statement of Claim dated 10th November, 2004 but filed on 11/11/04 in which Leadway Assurance was joined as the 3rd Defendants, the plaintiffs claimed against the defendants jointly and severally special and general damages In paragraphs 26, 27 and 28 as follows:
"26. Special Damages incurred by the Plaintiffs are:
(a) Cost of treatment of 2nd Plaintiff N7, 953.50. Prescription notes and receipts for the purchase of drugs are hereby pleaded and will be relied upon at the trial.
(b) C…